South African Institute for Drug-Free Sport Amendment Bill: Body Building SA, BSA & ASA oral submissions

Meeting report

The Chairperson commenced the meeting by acknowledging all attendees and outlining the agenda for the session. She highlighted the expectation of leadership representatives from Body Building South Africa and Athletics South Africa (ASA). She noted the absence of representatives from Boxing South Africa due to a recent tragedy involving the passing of a member and acknowledged the retainment of Mr Sivenathi Nontshinga’s World Light Flyweight Championship.

The Chairperson confirmed with the Members the adoption of the agenda for the meeting, and asked Ms Fiona Clayton, Committee Researcher, to provide an overview of the Bill.

Overview: South African Institute for Drug-Free Sport Amendment Bill [B41-2023]

Ms Clayton began by presenting a brief overview of the background leading to the amendment legislation. The impetus for the amendment dates back to October 2022 when the World Anti-Doping Agency (WADA) found that the South African Institute for Drug-Free Sport (SAIDS) legislation was not compliant with certain sections of the WADA code. Subsequently, WADA provided a corrective action report outlining the consequences of non-compliance, including South Africa's inability to represent itself at certain sporting events and the loss of eligibility for WADA funding for specific programmes or activities.

The Amendment Bill was tabled by the Minister in Parliament in November 2023 and tagged as a Section 75 bill. It was introduced to the Committee in December 2023. The Committee resolved to process the Bill in line with constitutional prescripts, which includes public participation, leading to the meeting held. Thus far, the Committee received submissions from SAIDS, the South African Sports Confederation and Olympic Committee (SASCOC), the South African Rugby Union (SARU), and National Treasury. She indicated that all submissions would be duly noted in the Committee's report.

Input: Boxing South Africa (BSA)

Mr Mandla Ntlanganiso, Chief Operations Officer, BSA, began by acknowledging the recent tragedy the entity experienced, expressing the difficulty of the situation. Despite the challenges, he emphasised their determination to persevere. He described the sombre atmosphere in their office the previous day but affirmed their commitment to pressing forward. While acknowledging the seriousness of the situation and the concerns it has raised, he stated their confidence in law enforcement authorities to address the matter appropriately.

Regarding the Bill under consideration, he conveyed the BSA’s support and endorsement and affirmed the entity’s willingness to cooperate and assist in facilitating the Bill's progress.

Input: Body Building South Africa

Mr Wayne Price, President, Body Building South Africa, expressed gratitude for the invitation extended to Body Building SA to participate in the meeting and expressed the entity’s excitement to be part of the seating. He stated that Body Building SA did not have extensive comments on the Bill and conveyed their satisfaction with its contents. However, there were a few concerns that were shared with the Committee.

One major concern arose from numerous organisations in the country that oversee sports activities without adhering to established guidelines and procedures. Specifically on Bodybuilding South Africa, while Body Building South Africa is a recognised body affiliated with IVV International, the entity faces challenges with other organisations operating outside guidelines. Despite Body Building SA’s efforts in doping education and facilitating testing protocols, other organisations continue to operate independently, allowing athletes suspended by Body Building South Africa to compete in their events without consequence.

He stated that Body Building South Africa has a strong commitment to promoting clean sport through extensive educational programmes and mandatory training for athletes and officials. However, the loophole created by the lack of cooperation from other organisations undermines Body Building South Africa‘s efforts to uphold clean sports principles. Body Building South Africa has sought assistance from SAIDS and SASCOC to address the issue but has encountered limited support.

In an effort to combat this challenge, Body Building South Africa has engaged with various stakeholders, including city authorities, to advocate for standardised testing protocols at events held in city facilities. They propose that organisations using these facilities should prioritise testing and collaborate with SAIDS to ensure compliance.

The Chairperson intervened to provide clarity on the nature of the agenda and express the Committee's awareness of the concerns raised. She acknowledged Mr Price's input, emphasising that while the Committee appreciates the support expressed, the current agenda pertained solely to the amendment under consideration. However, she assured Mr Price that his concerns had been duly noted, recognising the frustration experienced by Body Building South Africa. Expressing a commitment to address these concerns, the Committee would include his remarks in their legacy report. The matter would be forwarded to the relevant stakeholders, including SAIDS and the Department of Education. She indicated that although a comprehensive discussion on the topic was not feasible during the current meeting due to time constraints and the presence of other stakeholders, Mr Price’s concerns would not be overlooked.

Ms Sumayya Khan, Deputy Director-General: Recreation and Sports Development, Department of Sport, Arts and Culture (DSAC), expressed gratitude for the direction provided during the meeting. She emphasised the importance of maintaining focus on the agenda, particularly the urgent need to finalise the amendments to the SAIDS bill. She mentioned that the Portfolio Committee’s efforts in ensuring that the meeting stays on track and that presentations are directed to their intended purpose were commendable. She stressed the significance of not wasting time and remaining focused on the task at hand.

Mr M Zondi (ANC) agreed with Mr Nyambose, and acknowledged the oral submissions made by both entities. He emphasised the collective ownership of the meeting, reassuring the present entities that they are not alone. He affirmed their solidarity with the remarks made and reiterated their presence and support throughout the meeting.

Input: Athletics South Africa (ASA)

Dr Lourens Erasmus, Chairperson, ASA Medical Committee, shared his perspective on the Bill, expressing overall support while also raising important concerns regarding the broader issue of drug use in sports. He acknowledged the necessity of aligning the Bill with WADA standards but urged for further government intervention regarding recreational drugs and unbound substances bought online. He proposed enforcing pharmaceutical companies to label medicines with indicators, similar to a traffic light system, to denote whether they are safe for athletes. This would provide clarity to athletes and the community about the legality of substances.

To address the issue of athletes switching sports after suspension, he stated that contractual agreements to deter drug use should be in use. Incorporating clauses in athletes' contracts stipulating lifetime bans for those found guilty of using illegal substances, thereby protecting the integrity of sports and preventing tarnishing the country's image. Dr Erasmus said that government enforcement must ensure pharmaceutical companies annually indicate the legality of medications for athletes' use. He added that there should also be additional measures to safeguard sports integrity and advocate for increased government authority in regulating illegal substance use in sports.

The Chairperson acknowledged the concerns raised by Dr Erasmus and assured that they were duly noted by the Committee secretariat. She appreciated the overall support for the amendments and said there needs to be collaboration among stakeholders to address the complexities surrounding drug use in sports.

Concluding remarks

The Chairperson expressed pride in the creators of the Amendment Bill, noting the Committee's satisfaction with their work. She extended gratitude to ASA and encouraged ongoing collaboration with relevant stakeholders such as the Department, pharmacists, and doctors. With appreciation to the Department of Sports and SAIDS for their participation, the Chairperson closed the meeting.

[The meeting was adjourned.]